Foreclosure Protection for Servicemembers Extended by Congress

In 2008, Congress passed legislation which extended the protection from foreclosure actions for active duty servicemembers up to 9 months after the end of the period of military service.  In 2012, Congress extended that time to 12 months after the e ...[Read more]

Published: 4/27/2016 | 0  Comments | 0  Links to this post

North Carolina's Anti-Deficiency Statute for Seller Financed Real Estate

The North Carolina General Statutes prohibit a creditor in a seller-financed purchase money real estate transaction (where the seller of the land and the creditor providing financing for the sale are the same person) from obtaining a judgment agains ...[Read more]

Published: 10/1/2015 | 0  Comments | 0  Links to this post

Court of Appeals Confirms Lack of Jurisdiction to Grant Injunctive Relief in Foreclosure

​The Court of Appeals has issued another opinion in the long line of borrower foreclosure appeals defeated by subject matter jurisdiction.  In In re Foster (No. COA14-108) issued on February 17, the Court affirmed the trial court’s ruling that a bor ...[Read more]

Published: 2/27/2015 | 0  Comments | 0  Links to this post

Lessons from Recent NC Court of Appeals Opinions

​The release of opinions by the NC Court of Appeals on February 3 included several cases involving lender foreclosure or collection efforts.   The holdings are not monumental, but there is a common thread of useful illustrations of relevant rules or ...[Read more]

Published: 2/11/2015 | 0  Comments | 0  Links to this post

North Carolina's Two Dismissal Rule Applies to Power of Sale Foreclosures

​A recent North Carolina Court of Appeals decision in Lifestore Bank v. Mingo confirmed that Rule 41 of the North Carolina Rules of Civil Procedure (referred to as the Two Dismissal Rule) applies to power of sale foreclosure proceedings in North Car ...[Read more]

Published: 1/20/2015 | 0  Comments | 0  Links to this post